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(영문) 광주지방법원 2018.06.28 2018고단1451
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 31, 2017, the Defendant: (a) driven one ton for the transportation of goods at around 16:30, and got crossing the sidewalk at the entrance of the D shop in Gwangju Dong-gu, Gwangju; (b) the Defendant neglected his duty of care to safely drive, such as failing to live well before and after the left, and failing to obstruct the passage of pedestrians; (c) took the part of the victim E (70 years old)’s left side of walking, and suffered injury, such as the upper part of the left side of the victim E (70 years old), which was walking, by taking the front door with the wheels of the victim for about seven weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A copy of each written diagnosis;

1. Application of Acts and subordinate statutes of each photograph (Evidence No. 5-2, 10) (Evidence List No. 5-2);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Traffic Accidents / [Determination of Type 1] of the General Traffic Accidents / [Special Sentencing] - [Determination of the territory of recommendation] mitigation area / [the scope of recommendation] mitigation area / [the scope of general sentencing person] one month or eight months [the scope of recommendation] - In the event of an injury among aggravated factors falling under the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the same criminal record [decision of sentence] that does not constitute a repeated offense and the defendant's mistake is recognized, and all the circumstances, such as the defendant's criminal records, are considered.

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